Michigan lawyer explains the purpose of a medical deposition and why it is important for a workers’ comp settlement offer.
Employees who are hurt on-the-job are entitled to workers’ comp benefits. This includes money for medical treatment, vocational rehabilitation, and lost wages. Unfortunately, insurance companies look for reasons to dispute payment. It is up to the employee to challenge any dispute with a court hearing. This requires submitting medical evidence and sometimes deposition testimony from a treating physician. A frequently asked question: How long after a medical deposition is a workers’ comp settlement offered in Michigan? Our experience shows it happens quickly when medical proofs are completed, and the case appears ready for trial.
A deposition is where a doctor testifies under oath about an employee’s medical condition. He or she will give an opinion about causation and disability. It is perhaps the most important part of any work injury case. The magistrate will use a deposition to rule if medical, vocational rehabilitation, and/or wage loss benefits should be paid. The determining factor on how long after a deposition is a workers’ comp settlement offered in Michigan depends upon if the deposition goes well or poorly. A deposition can make or break a workers’ comp claim.
How long after a medical deposition is a workers’ comp settlement offered in Michigan?
In Michigan, our experience shows that a workers’ comp settlement offer can come quickly after a medical deposition has been completed. Insurance companies make settlement offers based upon potential exposure. This settlement amount is what they believe must be paid out in benefits. A deposition can make or break a case depending upon what the doctor says and how strong his or her testimony would be in court.
Depositions are scheduled in advance of trial and usually occur in the doctor’s office. Both sides get a chance to ask questions, and it is under oath. A sealed copy of the deposition will be delivered to the magistrate as part of the trial.
Medical depositions can be unpredictable
Depositions can be unpredictable because some doctors fall apart on cross-examinations. This happens when they will not say a workplace accident caused an employee’s current problems. They might also not support disability. Insurance company doctors reliably testify against employees but also sometimes make important concessions that can improve a case dramatically.
Medical proofs are fixed when a deposition has been completed. This can lock both sides into a position. If the medical proofs support causation and disability, then a settlement can be offered swiftly. Insurance companies are motivated to settle these cases because they don’t want to get stuck with an open award of workers’ comp benefits.
Medical depositions should be a last resort
We think medical depositions are a last resort and should only be done when the Michigan workers’ comp settlement offer and negotiations have failed to bring the parties together. It costs thousands of dollars to conduct a deposition including witness fees and court reporter costs. These expenses are passed on to the employee at the time of settlement so money should be spent wisely. It also locks each side into a specific set of facts and there is little room to argue one way or the other.
A Michigan workers’ comp settlement can be offered days or weeks after the medical deposition if the medical proofs are sufficient. It is important to hire an experienced workers’ comp lawyer before scheduling any deposition. Questions about the mechanism of injury and work restrictions must be carefully stated. There is no attorney fee unless a person recovers a settlement or award. Don’t leave money on the table because you did not follow the correct protocol or get the appropriate testimony.
Injured on the job in Michigan and need help with your medical deposition workers’ comp settlement offer? Contact our work injury lawyers now for a free consultation!
If you were injured while on the job in Michigan and have questions about your medical deposition and a fair workers’ comp settlement offer, call now (855) 221-2667 or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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